98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4686

 

Introduced , by Rep. Ed Sullivan, Jr.

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 66/90

    Amends the Firearm Concealed Carry Act. Provides that if a person files a complaint in circuit court alleging that a unit of local government has violated State preemption under the Act by adopting an ordinance or resolution restricting a licensee or business under the Act and the court finds that the allegations in the complaint are true, the court shall order that the unit of local government pay plaintiff's court costs, attorney's fees, actual damages, and at least $1,000 per day per violation in punitive damages from the time of the filing of the complaint as the court deems appropriate. Effective immediately.


LRB098 19286 RLC 54438 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4686LRB098 19286 RLC 54438 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 90 as follows:
 
6    (430 ILCS 66/90)
7    Sec. 90. Preemption.
8    (a) The regulation, licensing, possession, registration,
9and transportation of handguns and ammunition for handguns by
10licensees are exclusive powers and functions of the State. Any
11ordinance or regulation, or portion thereof, enacted on or
12before the effective date of this Act that purports to impose
13regulations or restrictions on licensees or handguns and
14ammunition for handguns in a manner inconsistent with this Act
15shall be invalid in its application to licensees under this Act
16on the effective date of this Act. This Section is a denial and
17limitation of home rule powers and functions under subsection
18(h) of Section 6 of Article VII of the Illinois Constitution.
19    (b) If a person files a complaint in circuit court alleging
20that a unit of local government has violated this Section by
21adopting an ordinance or resolution restricting a licensee or
22business under this Act and the court finds that the
23allegations in the complaint are true, the court shall order

 

 

HB4686- 2 -LRB098 19286 RLC 54438 b

1that the unit of local government pay plaintiff's court costs,
2attorney's fees, actual damages, and at least $1,000 per day
3per violation in punitive damages from the time of the filing
4of the complaint as the court deems appropriate.
5(Source: P.A. 98-63, eff. 7-9-13.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.